Federal Court PBS 2017-18

Federal Court of Australia

Section 1: Entity overview and resources

1.1Strategic direction statement

The Courts Administration Legislation Amendment Act 2016 established, from 1 July 2016, a single administrative body, with a single appropriation, known as the Federal Court of Australia.

The amalgamated corporate services body provides shared corporate services functions to the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia. By consolidating resources, streamlining processes and reducing duplication, this approach will improve the financial sustainability of the courts, while preserving the courts’ functional and judicial independence.

In 2017–18, the Federal Court will focus on continued improvements in the efficient and effective provision of shared corporate services, as well as the development of the digital court program and facilitation of a coordinated technical approach to the court’s digital capabilities.

Federal Court of Australia

The Federal Court is a superior court of record and a court of law and equity. It sits in all capital cities and elsewhere in Australia from time to time. The court’s jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary and indictable criminal matters.

The Federal Court has a substantial and diverse appellate jurisdiction. It hears appeals from decisions of single judges of the court, decisions of the Federal Circuit Court in non-family matters, decisions of the Supreme Court of Norfolk Island and certain decisions of state and territory supreme courts exercising federal jurisdiction.

The objectives of the Federal Court are to:

•decide disputes according to law—as quickly, inexpensively and efficiently as possible and, in so doing, to interpret the statutory law and develop the general law of the Commonwealth, so as to fulfil the role of a court exercising the judicial power of the Commonwealth under the Constitution

•provide an effective registry service for the community

•manage the resources allotted by Parliament efficiently.

The Federal Court will continue to develop and implement a range of digital initiatives. The court’s digital services are designed to deliver quicker, less expensive access to justice for court users.

Since July 2012, the court has had responsibility for the corporate administration of the National Native Title Tribunal. The tribunal is an independent body established by the Native Title Act 1993.

From 2017–18, the court will have responsibility for the corporate administration of the Parenting Management Hearings. The Parenting Management Hearings will be a fast, informal and lessadversarial forum for resolving non-complex family law disputes between self-represented parties. The Parenting Management Hearings will help to relieve the workload of the Family Court and the Federal Circuit Court.

Family Court of Australia

The Family Court, through its specialist judges and staff, helps Australians to resolve their most complex family disputes. The goal of the court is to deliver excellence in service for children, families and litigants through effective judicial and non-judicial processes and high-quality and timely judgments, while respecting the needs of separating families.

The purpose of the Family Court, as Australia’s superior court in family law, is to:

•determine cases with the most complex law, facts and parties

•cover specialised areas in family law

•provide national coverage as the appellate court in family law matters.

At trial level, the court deals with the most complex parenting and financial cases and hears cases arising under the regulations implementing the Hague Convention on the Civil Aspects of Child Abduction. It has a substantial appellate jurisdiction and hears appeals from decisions of single judges of the court and from the Federal Circuit Court in family law matters.

Federal Circuit Court of Australia

The Federal Circuit Court provides a simpler and more accessible alternative to litigation in the Family Court and the Federal Court and helps to relieve the workload of the superior federal courts. The Federal Circuit Court deals with a high volume of matters and delivers services to regional Australia through its regular circuit court program. It also manages the national network of family law registries.

The provisions of the Federal Circuit Court of Australia Act 1999 enable the Federal Circuit Court to operate as informally as possible in the exercise of judicial powers, use streamlined procedures and make use of a range of dispute resolution processes to resolve matters without judicial decisions.

The jurisdiction of the Federal Circuit Court is largely concurrent with that of the Federal Court and the Family Court. Its jurisdiction includes family law and child support, administrative law, bankruptcy, unlawful discrimination, consumer protection law, privacy law, migration law, trade practices law, trade mark and design, and workplace relations law.

1.2Entity resource statement

Table 1.1 shows the total funding from all sources available to the Federal Court for its operations and to deliver programs and services on behalf of the government. The table summarises how resources will be applied by administered (on behalf of the government or the public) and departmental (for the entity’s operations) classification.

Table 1.1 is prepared on a resourcing (that is, appropriations and cash available) basis, while the outcome expenses tables in section 2 and the financial statements in section 3 are prepared on an accrual basis.

Table 1.1: Entity resource statement—Budget estimates for 2017–18 as at Budget May 2017

2016–17 Estimated actual
$’000 / 2017–18 Estimate
$’000
DEPARTMENTAL
Annual appropriations—ordinary annual services(a)
Prior year appropriations available / 62,073 / 58,210
Departmental appropriation(b) / 245,343 / 250,590
s 74 retained revenue receipts(c) / 4,649 / 4,203
Departmental capital budget(d) / 13,048 / 12,200
Annual appropriations—other services—non-operating(e)
Equity injection / 150 / –
Total departmental annual appropriations / 325,263 / 325,203
Total special accounts(f) / – / –
Total departmental resourcing / 325,263 / 325,203
ADMINISTERED
Annual appropriations—ordinary annual services(a)
Outcome 3 / 894 / 883
Total administered annual appropriations / 894 / 883
Total administered special appropriations(g) / 900 / 900
Total administered resourcing / 1,794 / 1,783
Total net resourcing for entity / 327,057 / 326,986
2016–17 / 2017–18
Average staffing level (number)(h) / 1,062 / 1,077

Prepared on a resourcing (that is, appropriations and cash available) basis.

Note: All figures are GST exclusive and may not match figures in the cash flow statement.

(a) Appropriation Bill (No. 1) 2017–18.

(b) Excludes the departmental capital budget.

(c) Estimated retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013.

(d) Departmental capital budgets are not separately identified in Appropriation Bill (No.1) and form part of ordinary annual services items. See Table 3.5 for further details. For accounting purposes, this amount is designated as ‘contributions by owners’.

(e) Appropriation Act (No. 2) 2016–17.

(f) Excludes ‘special public money’ held in an account such as a Services for other Entities and Trust Moneys special account. For further information on special accounts, see Budget Paper No 4: Agency Resourcing.

(g)For further information on special appropriations, see Budget Paper No. 4: Agency Resourcing. See also the outcome expenses tables in section 2 for further information on outcome and program expenses broken down by various funding sources, such as annual appropriations and special appropriations.

(h) Excludes judges.

1.3Budget measures

Budget measures announced since the 2016–17 Mid-Year Economic and Fiscal Outlook(MYEFO) relating to the Federal Court are detailed in Budget Paper No.2 and are summarised in Part1 of Table1.2.

Table 1.2: Entity 2017–18 Budget measures

Part 1: Measures announced since the 2016–17MYEFO

Program / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000 / 2019–20 $’000 / 2020–21 $’000
Expense measures
Parenting Management Hearings—establishment / 1.1,4.1
Departmental expenses / – / 498 / 3,137 / 3,579 / 3,597
Family Law Courts—improving risk identification and management / 2.1,3.1,4.1
Departmental expenses / – / 2,250 / 2,655 / 2,565 / 2,580
Public Service Modernisation Fund—agency sustainability(a) / 4.1
Departmental expenses / – / – / – / – / –
Total expense measures / – / 2,748 / 5,792 / 6,144 / 6,177
Capital measures
Parenting Management Hearings—establishment / 1.1,4.1
Departmental capital / – / 262 / – / – / –
Total capital measures / – / 262 / – / – / –

Prepared on a Government Finance Statistics (fiscal) basis.Figures displayed as a negative represent a decrease in funds, and figures displayed as a positive represent an increase in funds.

(a) This is a cross-portfolio measure. Funding of $14.007m will be provided over three years.

Part 2: Other measures not previously reported in a portfolio statement

The Federal Court has no other measures not previously reported in a portfolio statement.

Section 2: Outcomes and planned performance

Government outcomes are the intended results, impacts or consequences of actions by the government on the Australian community. Commonwealth programs are the primary vehicle by which government entities achieve the intended results of their outcome statements. Entities are required to identify the programs that contribute to government outcomes over the budget and forward years.

The Federal Court’s outcomesare described below together with their related programs.

Note

Performance reporting requirements in the Portfolio Budget Statements are part of the enhanced Commonwealth performance framework established by the Public Governance, Performance and Accountability Act 2013. It is anticipated that the performance criteria described in Portfolio Budget Statements will be read with broader information provided in an entity’s corporate plans and annual performance statements—included in annual reports—to provide an entity’s complete performance story.

The most recent corporate plan for the Federal Court can be found at

The most recent annual performance statements for the Federal Court,
the Family Court and the Federal Circuit Court, respectively, can be found at:

reports-and-publications/annual-reports

reports-and-publications/annual-reports.

2.1Budgeted expenses and performance for Outcome 1

Budgeted expenses for Outcome 1

Table 2.1 shows how much the Federal Court intends to spend (on an accrual basis) on achieving Outcome 1, broken down by program and by administered and departmental funding sources.

Table 2.1: Budgeted expenses for Outcome 1

2016–17 Estimated actual
$’000 / 2017–18
Budget
$’000 / 2018–19 Forward estimate
$’000 / 2019–20 Forward estimate
$’000 / 2020–21
Forward estimate
$’000
Program 1.1: Federal Court of Australia
Administered expenses
Special appropriations
Public Governance, Performance and Accountability Act 2013 / 600 / 600 / 600 / 600 / 600
Administered total / 600 / 600 / 600 / 600 / 600
Departmental expenses
Departmental appropriation / 64,372 / 65,064 / 67,171 / 67,513 / 67,723
s 74 retained revenue receipts(a) / 1,289 / 1,289 / 1,289 / 1,289 / 1,289
Expenses not requiring appropriation in the budget year(b) / 13,401 / 13,747 / 13,747 / 13,747 / 13,747
Departmental total / 79,062 / 80,100 / 82,207 / 82,549 / 82,759
Total expenses for Outcome 1 / 79,662 / 80,700 / 82,807 / 83,149 / 83,359
2016–17 / 2017–18
Average staffing level (number)(c) / 327 / 329

Note: Departmental appropriation splits and totals are indicative estimates and may change in the course of the budget year as government priorities change.

(a) Estimated expenses incurred in relation to receipts retained under section 74 of the Public Governance, Performance and Accountability Act 2013.

(b) Expenses not requiring appropriation in the budget year are made up of liabilities assumed by other entities.

Table 2.2: Program component expenses

2016–17 Estimated actual
$’000 / 2017–18
Budget
$’000 / 2018–19 Forward estimate
$’000 / 2019–20 Forward estimate
$’000 / 2020–21
Forward estimate
$’000
Component 1.1.1: Federal Court Jurisdiction
Annual administered expenses
Special appropriations
Public Governance, Performance and Accountability Act 2013 / 600 / 600 / 600 / 600 / 600
Annual departmental expenses
Departmental item / 53,489 / 54,835 / 57,037 / 57,391 / 57,552
s 74 retained revenue receipts / 1,289 / 1,289 / 1,289 / 1,289 / 1,289
Total component 1.1.1 expenses / 55,378 / 56,724 / 58,926 / 59,280 / 59,441
Component 1.1.2: National Native Title Tribunal
Annual departmental expenses
Departmental item / 10,883 / 10,229 / 10,134 / 10,122 / 10,171
Total component 1.1.2 expenses / 10,883 / 10,229 / 10,134 / 10,122 / 10,171
Expenses not requiring appropriation in the budget year / 13,401 / 13,747 / 13,747 / 13,747 / 13,747
Total program expenses / 79,662 / 80,700 / 82,807 / 83,149 / 83,359

Performance criteria for Outcome 1

Table 2.3details the performance criteria for the program associated with Outcome1. It also summarises how the program is delivered.

Table 2.3: Performance criteria for Outcome 1

Outcome 1: Apply and uphold the rule of law for litigants in the Federal Court of Australia and parties in the National Native Title Tribunal through the resolution of matters according to law and through the effective management of the administrative affairs of the Court and Tribunal
Program 1.1: Federal Court of Australia
Delivery / Exercising the jurisdiction of the Federal Court of Australia.
Supporting the operations of the National Native Title Tribunal.
Performance information
Year / Performance criteria / Targets
2016–17 / Timely completion of cases / 85% of cases completed within 18months of commencement
Judgments to be delivered within three months
Expected results: Targets are expected to be met.
2017–18 / Timely completion of cases / 85% of cases completed within 18months of commencement
Judgments to be delivered within three months
2018–19 and beyond / Same as for 2017–18. / Same as for 2017–18.
Purpose / To decide disputes according to law as quickly, inexpensively and efficiently as possible.

2.2Budgeted expenses and performance for Outcome 2

Budgeted expenses for Outcome 2

Table 2.4 shows how much the Federal Court intends to spend (on an accrual basis) on achieving Outcome 2, broken down by program and by administered and departmental funding sources.

Table 2.4: Budgeted expenses for Outcome 2

2016–17 Estimated actual
$’000 / 2017–18
Budget
$’000 / 2018–19 Forward estimate
$’000 / 2019–20 Forward estimate
$’000 / 2020–21
Forward estimate
$’000
Program 2.1: Family Court of Australia
Administered expenses
Administered item / 300 / 300 / 300 / 300 / 300
Special appropriations
Public Governance, Performance and Accountability Act 2013 / 100 / 100 / 100 / 100 / 100
Administered total / 400 / 400 / 400 / 400 / 400
Departmental expenses
Departmental appropriation / 30,957 / 31,706 / 32,443 / 32,404 / 32,479
s 74 retained revenue receipts(a) / 494 / 259 / – / – / –
Expenses not requiring appropriation in the budget year(b) / 12,781 / 12,318 / 11,720 / 11,720 / 11,720
Departmental total / 44,232 / 44,283 / 44,163 / 44,124 / 44,199
Total expenses for Outcome 2 / 44,632 / 44,683 / 44,563 / 44,524 / 44,599
2016–17 / 2017–18
Average staffing level (number)(c) / 104 / 107

Note: Departmental appropriation splits and totals are indicative estimates and may change in the course of the budget year as government priorities change.

(a) Estimated expenses incurred in relation to receipts retained under section 74 of the Public Governance, Performance and Accountability Act 2013.

(b) Expenses not requiring appropriation in the budget year are made up of liabilities assumed by other entities.

Performance criteria for Outcome 2

Table 2.5 details the performance criteria for the program associated with Outcome2. It also summarises how the program is delivered.

Table 2.5: Performance criteria for Outcome 2

Outcome 2: Apply and uphold the rule of law for litigants in the Family Court of Australia through the resolution of family law matters according to law, particularly more complex family law matters and through the effective management of the administrative affairs of the Court
Program 2.1: Family Court of Australia
Delivery / Exercising the jurisdiction of the Family Court of Australia.
Performance information
Year / Performance criteria / Targets
2016–17 / Timely completion of cases / Clearance rate of 100%
75% of judgments to be delivered within threemonths
75% of cases pending conclusion to be less than 12months old
Expected results: Targets are expected to be met.
2017–18 / Timely completion of cases / Clearance rate of 100%
75% of judgments to be delivered within threemonths
75% of cases pending conclusion to be less than 12months old
2018–19 and beyond / Same as for 2017–18. / Same as for 2017–18.
Purpose / To help Australians resolve their most complex family disputes by deciding matters according to the law, promptly, courteously and effectively.

2.3Budgeted expenses and performance for Outcome 3

Budgeted expenses for Outcome 3

Table 2.6 shows how much the Federal Court intends to spend (on an accrual basis) on achieving Outcome 3, broken down by program and by administered and departmental funding sources.

Table 2.6: Budgeted expenses for Outcome 3

2016–17 Estimated actual
$’000 / 2017–18
Budget
$’000 / 2018–19 Forward estimate
$’000 / 2019–20 Forward estimate
$’000 / 2020–21
Forward estimate
$’000
Program 3.1: Federal Circuit Court of Australia
Administered expenses
Administered item / 1,594 / 1,583 / 1,579 / 1,580 / 1,584
Special appropriations
Public Governance, Performance and Accountability Act 2013 / 200 / 200 / 200 / 200 / 200
Administered total / 1,794 / 1,783 / 1,779 / 1,780 / 1,784
Departmental expenses
Departmental appropriation / 86,051 / 89,185 / 91,474 / 91,359 / 91,651
s 74 retained revenue receipts(a) / 640 / 640 / 640 / 640 / 640
Expenses not requiring appropriation in the budget year(b) / 4,795 / 2,526 / 624 / 624 / 624
Departmental total / 91,486 / 92,351 / 92,738 / 92,623 / 92,915
Total expenses for Outcome 3 / 93,280 / 94,134 / 94,517 / 94,403 / 94,699
2016–17 / 2017–18
Average staffing level (number)(c) / 506 / 516

Note: Departmental appropriation splits and totals are indicative estimates and may change in the course of the budget year as government priorities change.

(a) Estimated expenses incurred in relation to receipts retained under section 74 of the Public Governance, Performance and Accountability Act 2013.

(b) Expenses not requiring appropriation in the budget year are made up of liabilities assumed by other entities.

Performance criteria for Outcome 3

Table 2.7 details the performance criteria for the program associated with Outcome3. It also summarises how the program is delivered.

Table 2.7: Performance criteria for Outcome 3

Outcome 3: Apply and uphold the rule of law for litigants in the Federal Circuit Court of Australia through more informal and streamlined resolution of family and general federal law matters according to law, through the encouragement of appropriate dispute resolution processes and through the effective management of the administrative affairs of the Court
Program 3.1: Federal Circuit Court of Australia
Delivery / Exercising the jurisdiction of the Federal Circuit Court of Australia.
Performance information
Year / Performance criteria / Targets
2016–17 / Timely completion of cases / 90% of final order applications disposed of within 12months
90% of all other applications disposed of within sixmonths
70% of matters resolved prior to trial
Timely registry services / 75% of counter enquiries served within 20 minutes
80% of National Enquiry Centre telephone enquiries answered within 90 seconds
80% of email enquiries responded to within twoworking days
75% of applications lodged processed within twoworking days
Expected results: Targets are expected to be met.
2017–18 / Timely completion of cases / 90% of final order applications disposed of within 12months
90% of all other applications disposed of within sixmonths
70% of matters resolved prior to trial
Timely registry services / 75% of counter enquiries served within 20 minutes
80% of National Enquiry Centre telephone enquiries answered within 90 seconds
80% of email enquiries responded to within twoworking days
75% of applications lodged processed within twoworking days
2018–19 and beyond / Same as for 2017–18. / Same as for 2017–18.
Purposes / To provide a simple and accessible alternative to litigation in the Family Court and Federal Court.
To provide efficient and effective registry services to assist the respective courts to achieve their stated purpose.

2.4Budgeted expenses and performance for Outcome 4

Outcome 4: Improved administration and support of the resolution of matters according to law for litigants in the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia and parties in the National Native Title Tribunal through efficient and effective provision of shared corporate services

Budgeted expenses for Outcome 4

Table 2.8 shows how much the Federal Court intends to spend (on an accrual basis) on achieving Outcome 4, broken down by program and by administered and departmental funding sources.